A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, figurative trademark, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have a monopoly right on it.
Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)
It is advisable to conduct a market survey to ascertain if the same/similar mark is used in the market.
Under modern business condition a trademark performs four functions:
Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in the prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.
The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed online through the e-filing gateway available at the official website.
The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.
The Government earns revenue as a fee for registration and protection of registration of trademarks.
The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same.
The Purchaser and ultimately Consumers of goods and services get options to choose the best.
The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R) and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
The register of trademark currently maintained in electronic form contains inter alias the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.
But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.
It can be removed on application to the Registrar on the prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark?
Watch service is the process of retaining a third party for the purpose of monitoring the marketplace for unauthorized or improper uses of one’s marks. Trademark watching detects any conflicting trademark applications around the world at the moment of publication. This allows the trademark owner to file oppositions in time to stop third-party incursion. Trademark watching is done in to prevent infringement
The service monitors competitor trademark filing activity. The results can render insights into competitor activity before new products are launched. The service is very useful where there is clear competitor activity in your market and you use a range of intelligence to stay ahead, allowing you time to plan, react and compete.
Class Watch alerts you of every single trademark application published in a specific class of the Nice Classification of Goods and Services. It is a worldwide watch. The option is useful for businesses with a well-defined sector or industry, that maps to the Trademark class system. These clients may wish to see all activity published within that sector. Sometimes this information feeds into market research, business cases for investment, risk assessments and more.
The digital world is creating new ways for your business to reach customers, such as social media, domain names and mobile apps. These new opportunities, however, can leave you vulnerable to threats, like cyber squatting, counterfeiting, and phishing, effectively diluting your company’s digital brand equity
Our Company Name Watch alerts you to company and or commercial names, published worldwide that could conflict with your trademarks.
Yes, discounts are available for higher volumes. Please call 022-62372558 / 62372560 / 62372565 for more information
Once you sign up for your service, make payment and provide us with all the information required, your marks (or other intellectual property that you signed up for) will be immediately placed on watch. Every time we find a potential infringement, we will send you (and any other individual/s designated by you) an email with all the information of the potential infringement including clippings of word marks, figurative trademarks, registrant information and opposition term. If you choose to take action, you may use your own legal resource or indiatmw.com can provide you with assistance in filing an opposition.
Yes, our complimentary Watch Notice portal is available to you in which all your past Watch Notices will be available for review. This will date back to the date of commencement of your subscription with indiatmw.com.